pulled doing over 50km, License suspeneded and car towed

[thephenom]

They have to impound the vehicle...

See, now I think that's just pure BS, and a money grab move. A drunk driver is as dangerous as a speeder/stunt driver on the road. But drunk driver on the other still has immediate access of his car.

[roadrunner17]

Just a somewhat off-topic question.

If you get pulled over doing 50km/h over speed limit, is the tow mandatory? If say, your passenger has a valid driver license, can he/she just drive the car away?

If you can't, that's pretty unreasonable since a charged drunk driver has the option to get his sober friend to drive his car away.

As far as I understand, it is mandatory. My wife has a valid G license but officer didn't gave us any option.

[roadrunner17]

If your story is accurate - I feel for you man!

There is absolutely NO reason for a police officer to tow a vehicle for driving 152km/h on the 401 unless they were otherwise driving recklessly (weaving in and out of lanes, racing, etc.).

This new "racing" law is being abused to target people who are safely travelling at highway speeds. Yes - they are speeding. However, EVERYONE speeds on the 400 series highways. That doesn't make it "right" - but it should make it blatantly clear to anyone who dares to chime in with the "serves you right" or "they should take your license away for good" comments that they also should have their licenses taken away (on top of the fact that they are hypocrites). If they want to argue the difference between going 110km or 120km or 130km or 140km or 150km per hour.... go ahead... argue away... it all comes down to your interpretation of what "safe" is... the law is being broken in all instances.

I have driven hundreds of thousands of km on the 400 series highways - pretty much all at about 140km/h. I go slower if the volume of traffic or flow is at a lower speed - but it is quite easy and safe to drive 140km/h most of the time on the 400 series highways (obviously most of my driving is not done going across Toronto... ). I do not weave lanes or pass on the right, etc. I drive straight and responsibly to the conditions of the road and volume of traffic around me. Speed is NOT a determination of recklessness or carelessness - especially in newer, properly maintained vehicles that can easily and comfortably doing those speeds.

Being distracted (by cell phones, ipods, kids, other people in the vehicle), or tired, or driving aggressively, weaving, passing on the right, etc.... those are much more dangerous than speed on a 400 series highway.

This law was introduced (sold) as a "racing" law... it is not being enforced that way. That is my first issue with the law. Secondly, I don't believe a police officer should be able to tow your vehicle on the spot unless their is clear proof of a reason to do so (such a failed sobriety test). To claim you were speeding over 150km/h and then tow your vehicle before you can contest the claim - which it is your legal right to do - is bogus. Hearing of people getting towed for 152km/h without any other reasoning (such as racing, weaving, etc.) is simply an abuse of the intent of the law (or at least the intent that was told to the public when it was created - an anti-racing law).

Call some law firms and see if any of them deal with these types of cases. Also try calling the firms specializing in fighting traffic tickets.

Unfortunately, the other issue with this law is I don't really know what you can do at this point. You have had your vehicle towed and your license suspended. Even if you were to fight in court and win a ruling that you weren't actually speeding (a big if)... you still had your vehicle towed and license suspended... what recourse do you really have?

You should definitely fight the ticket though and get it knocked down as much as you can... try to get it knocked down to 119, or 124/129... if you can figure out the cut-off for your insurance company to consider it major vs minor that would be my target. You can always argue that having the tow and license suspension is punishment enough for speeding when the officer farked up and actually radared someone else doing the higher speed (that can be your argument if you truly believe you weren't over 150).

Anyhow... best of luck to you. Be sure to keep your license on you from now on... not having it may have been a catalyst for the officer to go tougher on you.

Thanks Sir, I will keep updating everyone and outcome, at least members will learn from my stupid mistakes.

I could have got away with 2km over if I had my license with me, considering this was my first ever offense.

[motomondo]

Well it's not unheard of. Like if you hit someone. You can get charged with Assault AND Battery.

That's not a great example, as you are talking criminal charges now... assault and battery is NOT the same act, there is a legal diference and distiction under criminal law.

The OP was just speeding... one single act

A better example: If the officer gives you two tikets for speeding is the equivalent of giving you two tickets for parking your car in the wrong spot. It's just not fair.

The whole legislation is wrong because punishes the driver before he has a chance to go to court, and I hope there's a succesful consitutional challenge soon...

[rems]

That's not a great example, as you are talking criminal charges now... assault and battery is NOT the same act, there is a legal diference and distiction under criminal law.

The OP was just speeding... one single act

A better example: If the officer gives you two tikets for speeding is the equivalent of giving you two tickets for parking your car in the wrong spot. It's just not fair.

The whole legislation is wrong because punishes the driver before he has a chance to go to court, and I hope there's a succesful consitutional challenge soon...

I edited my post and I explained how one act of hitting someone can result in two charges. You can get charged separately as well for speeding and racing. ie doing 20kms over will get you a speeding ticket. Actually racing with another car will get you a racing charge...

But I agree this law is stupid...

[googoo]

The older I get the more afraid I am of people like this, people that only have passable skills, driving a quick car, and can't fathom "why me", or "why are they so hard on me?" or "please be nice I made a mistake" when it happens.

Look at the guy in the T.o. Sun today, driving his bike and got caught for doing 230+ KPH, his line was something like " there was no way I was doing more than 110 or 115 KPH"

No skill(experience based anyways), lots of power, a youthful feeling of invincibility, and an unhealthy disregard for everybody else on the road, makes for lots of bad drivers on our highways.

Same being said, there are lots of drivers my age(40) that feel their skills are much better than they are, they paid for the roads so they'll drive how they feel, or think they're good enough drivers so thay can read the paper as they drive ...UGH!

I agree with continuous retesting, a minimum of 18 to get your license, and a bump to 120KPH on the highways, with a 10KPH buffer. You hit 130KPH and get caught ..... look out for the big fine you'll be getting!

---------------

Anyways, everybody has driven and forgotten their wallet before, but the vast majority try to make themselves invisible, you'd never see me driving to work without my license doing 110KPH on HWY 47 between Uxbridge and Stouffville. I'll be the guy doing a moderate speed(BELOW 90KPH), with this angelic look on my face, all the while humming gospel tunes!

NIce car, but if you can afford everything that goes with it, take a performance driving course if for nothing else but the safety of your family while driving in your car!

I dont think they should have the right to give you a "racing" ticket without proving that you were doing just that.

I agree with this, simply doing 50 over doesn't mean you are racing, like I don't think the OP was racing!

Brent

[s7r1k3r]

If your story is accurate - I feel for you man!

There is absolutely NO reason for a police officer to tow a vehicle for driving 152km/h on the 401 unless they were otherwise driving recklessly (weaving in and out of lanes, racing, etc.).

This new "racing" law is being abused to target people who are safely travelling at highway speeds. Yes - they are speeding. However, EVERYONE speeds on the 400 series highways. That doesn't make it "right" - but it should make it blatantly clear to anyone who dares to chime in with the "serves you right" or "they should take your license away for good" comments that they also should have their licenses taken away (on top of the fact that they are hypocrites). If they want to argue the difference between going 110km or 120km or 130km or 140km or 150km per hour.... go ahead... argue away... it all comes down to your interpretation of what "safe" is... the law is being broken in all instances.

I have driven hundreds of thousands of km on the 400 series highways - pretty much all at about 140km/h. I go slower if the volume of traffic or flow is at a lower speed - but it is quite easy and safe to drive 140km/h most of the time on the 400 series highways (obviously most of my driving is not done going across Toronto... ). I do not weave lanes or pass on the right, etc. I drive straight and responsibly to the conditions of the road and volume of traffic around me. Speed is NOT a determination of recklessness or carelessness - especially in newer, properly maintained vehicles that can easily and comfortably doing those speeds.

Being distracted (by cell phones, ipods, kids, other people in the vehicle), or tired, or driving aggressively, weaving, passing on the right, etc.... those are much more dangerous than speed on a 400 series highway.

This law was introduced (sold) as a "racing" law... it is not being enforced that way. That is my first issue with the law. Secondly, I don't believe a police officer should be able to tow your vehicle on the spot unless their is clear proof of a reason to do so (such a failed sobriety test). To claim you were speeding over 150km/h and then tow your vehicle before you can contest the claim - which it is your legal right to do - is bogus. Hearing of people getting towed for 152km/h without any other reasoning (such as racing, weaving, etc.) is simply an abuse of the intent of the law (or at least the intent that was told to the public when it was created - an anti-racing law).

Call some law firms and see if any of them deal with these types of cases. Also try calling the firms specializing in fighting traffic tickets.

Unfortunately, the other issue with this law is I don't really know what you can do at this point. You have had your vehicle towed and your license suspended. Even if you were to fight in court and win a ruling that you weren't actually speeding (a big if)... you still had your vehicle towed and license suspended... what recourse do you really have?

You should definitely fight the ticket though and get it knocked down as much as you can... try to get it knocked down to 119, or 124/129... if you can figure out the cut-off for your insurance company to consider it major vs minor that would be my target. You can always argue that having the tow and license suspension is punishment enough for speeding when the officer farked up and actually radared someone else doing the higher speed (that can be your argument if you truly believe you weren't over 150).

Anyhow... best of luck to you. Be sure to keep your license on you from now on... not having it may have been a catalyst for the officer to go tougher on you.

+1 give this guy the key to the city. The new law is a way for more abuse and is nothing but a money grab for the city.

[bembol]

Sorry to hear. My brother's boy got booked a few weeks ago and he said charges added up to $8,000+. I have to ask my brother how they are handling it.

This ridiculous law needs to be changed. I can understand the Fine (which this is what's it's all about really)/Points but to Tow and Suspend you Driver's License for SE7EN days is too much!


This 50km+ should really be for Street Racing, you know two cars going at it.

[thephenom]

Sorry to hear. My brother's boy got booked a few weeks ago and he said charges added up to $8,000+. I have to ask my brother how they are handling it.

This ridiculous law needs to be changed. I can understand the Fine (which this is what's it's all about really)/Points but to Tow and Suspend you Driver's License for SE7EN days is too much!


This 50km+ should really be for Street Racing, you know two cars going at it.

The suspension is a good punishment, though I feel it's a little harsh considering drunk driving is only a 24 or 48hr suspension on first offence with NO mandatory tow. The law we have now is basically saying speeding is more dangerous thus warrant bigger punishment than drunk driving.

[blue mountain raider]

The suspension is a good punishment, though I feel it's a little harsh considering drunk driving is only a 24 or 48hr suspension on first offence with NO mandatory tow.

so if you get caught drunk driving and they dont tow your car they gonna let you drive home?

[Anonymouse]

this is a common misconception. in germany drivers pay thousands of dollars for driver training. it's very difficult to get a drivers licence in germany. the safety of the autobahn isnt about speed, its about the drivers.

I've gotten a driver's license in germany. It's not difficult - I never met anyone who couldn't do it.

You're right, it's not about speed, although you seem to think you're disagreeing with me. My point is that speeding laws like the one OP got caught up in are not the answer - they do not address the fundamental problem.

[Simo]

I too have been charged for that "stunt driving" racing law trust me its a pain~! very similar situation too! i was not going over 150 guaranteed and he puts me down for 155.

[f00kie]

so if you get caught drunk driving and they dont tow your car they gonna let you drive home?

No. They let you call a friend or someone to take the car.

[MaximDude]

How come the cops don't crack down on aggressive drivers who weave in and out of traffic dangerously to get ahead a few car lengths? Or drivers who do the same on the highway so that they can get home 10 minutes earlier?

[dealmeone]

How come the cops don't crack down on aggressive drivers who weave in and out of traffic dangerously to get ahead a few car lengths? Or drivers who do the same on the highway so that they can get home 10 minutes earlier?

Because it's not as cheap or as easy to do as sitting around like a moron with a radar gun, and does not generate nearly as much revenue. Wake up people, it has nothing to do with safety and everything to do with money.